Can a company be held liable for the suicide of an employee?

Work and the workplace play an important role in an employee’s sense of self and mental health. Participation in the workplace can improve or undermine a person’s mental health, whether or not they have a pre-existing mental health condition.

Employment law specialists at Webber Wentzel say some work environments are characterized by high pressure or discrimination that can contribute to work-related stress, exhaustion, burnout, anxiety and depression and can lead someone to consider suicide.

Employee falls to his death

Standard Bank recently made headlines when its employee fell to his death from the sixth floor of the company’s Johannesburg headquarters on Baker Street in Rosebank. According to reports, the deceased complained about her mental health condition before the tragic incident.

Without commenting on or referring to the Standard Bank incident, Kate Collier says there are several steps that need to be taken before an organization can be held liable for the suicide of an employee. This concerns whether the employee in question left a note stating what did or did not go wrong.

Decent work has its pros and cons, it provides financial stability and a sense of purpose. On the other hand, the demands and stressors that can arise in the workplace can contribute to work-related problems and serious mental health consequences, including suicide.

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Suicide of an employee at work

She says it is not automatically reasonable to conclude that workplace suicide is related to workplace conditions.

“Employers are legally obliged to conduct thorough research into the occupational health and safety legislation that applies to the workplace.”

Collier emphasizes that any fatality that occurs in the workplace must be investigated, including identifying the causes of the incident, unsafe conditions or actions that may have contributed to the incident.

The next step would be to report the fatal accident to the relevant labor inspectors, who are authorized to conduct independent investigations. “So any assumption of liability without following these steps would be premature.”

Can the company be held liable?

Amy King says that if it is established that a work-related issue was the predominant factor leading to the suicide, several legal principles may be relevant in determining an employer’s liability.

“The principles of vicarious liability, both at common law and as statutory in the Employment Equity Act (EEA), are critical in assessing employers’ liability.”

She recognizes that there are various legal frameworks that protect both employees and employers.

“Occupational health and safety legislation requires employers to provide a safe and healthy working environment, including ensuring psychological safety for all employees.

“These legal obligations ensure that employees have the right to a safe working environment while protecting employers who have fulfilled their duties from liability for tragic events such as suicide.

“In cases where suicide is directly related to workplace conditions, it is not inconceivable that a spouse or other dependent could claim liability for loss of livelihood,” she said.

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What about death at the hands of an employee at work?

Earlier this year, a nightclub in Bloemfontein, Free State, The Other Venue (TOV), made headlines when a video of the club’s bouncers beating a man to death went viral.

Without commenting or referring to the incident, Dhevarsha Ramjettan says that under common law vicarious liability, employers can be held responsible for wrongful acts committed by employees within the scope of their employment.

She refers to the case of Stallion Security (Pty) Limited v Van Staden (2019) ZASCA 127, which involves a claim for loss of support.

“The tortious claim was filed by the plaintiff following the murder of her husband by a security guard at his workplace. The unlawful claim was brought against both the security guard and his employer.”

She says this case highlights how an employer can be held liable for the actions of its employees if there is a clear connection between those actions and the work environment.

Employers are responsible for the responsibilities of employees

Ramjettan adds that the general principle that an employer is vicariously liable for a wrong committed by an employee during the term or scope of his or her employment is a long-standing principle in our law.

She adds that it is easy to apply vicarious liability when an employee commits a crime while conducting business for the employer.

However, difficulties arise when the employee commits an intentional error entirely for his or her own purpose.

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Harassment in a workplace

King says it is the responsibility of employers to ensure that active steps are taken to prevent and eliminate harassment in the workplace so that they are not held liable for damages in the sense of vicarious liability.

“This liability risk has increased dramatically following the introduction of the Harassment Code, especially for employers who turn a blind eye to bullying or toxic team cultures, fail to update their policies or provide appropriate training on harassment.”

Employee protection

“The EEA, in particular together with the Harassment Code, requires employers to take proactive measures to prevent, eliminate or reduce the risks that may expose employees to discrimination in the form of harassment.”

She sees this as protection for employees in that employers have a positive obligation to address factors in the workplace that may contribute to harassment going unnoticed or unaddressed.

“If the employer has reasonably complied with these obligations, the employer is unlikely to be held liable for the drastic actions of an employee who has committed suicide.”

• Suicide Crisis Helpline – 0800-567-567 (24 hours, 7 days a week)
• Cipla Mental Health Helpline – 0800-456-789
• Drug Abuse Helpline – 0800-12-13-14 (Whatsapp between 8 a.m. and 5 p.m.)
• Cipla chat line – 076-882-2775
• Maybelline BraveTogether – 087-163-2030

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